Skip to main content

Opinion

Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky State Police (KSP) did not violate the Open Records Act in denying Charles E. Hensley's request for copies of records of Case No. 10-00-2725 on the basis that the requested records relate to its ongoing investigation and, thus, are exempt from disclosure under KRS 61.878(1)(h). We believe that 97-ORD-126 and 96-ORD-25, copies of which are attached hereto and incorporated by reference, are controlling. Once the prosecution is completed or a decision to take no legal action has been made, the investigative records will be subject to public inspection unless excluded under another statutorily recognized exception of the Act.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.

Charles E. Hensley, # 163297Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Deborrah ArnoldCustodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601

Morgain M. SpragueStaff AttorneyKentucky State Police919 Versailles RoadFrankfort, KY 40601

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Charles E. Hensley
Agency:
Kentucky State Police
Type:
Open Records Decision
Lexis Citation:
2004 Ky. AG LEXIS 283
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.